Disposition of controlled substances.

The entire incinerator provision (new Article 7.5, Section 41984 of the Health and Safety Code) was deleted. This had allowed local police departments, sheriff's offices, or state law enforcement agencies to purchase and install incinerators for destroying seized controlled substances, with requirements to comply with federal air regulations, notify air quality agencies, and share costs through memoranda of understanding.

The CEQA exemption (new Section 21080.82 of the Public Resources Code) was deleted. This had exempted qualifying incinerator projects from California Environmental Quality Act review.

The bill's overall scope narrowed from addressing two distinct mechanisms (local incineration and centralized DOJ disposal) to focusing solely on centralized disposal through DOJ, plus a new state-level guidance requirement. The state-mandated local program designation changed from yes to no as a result.

The no-reimbursement provision (former Section 3) was deleted, which had stated that no state reimbursement was required because local agencies could levy sufficient fees to cover the mandated program.

A new obligation was added in Section 11451(a) requiring the Department of Justice, upon legislative appropriation and in consultation with the Department of Toxic Substances Control and other relevant state and local agencies, to develop and publish guidance on its internet website for proper management and disposal of controlled substances in the possession of law enforcement agencies.

New Health and Safety Code Section 11451 authorizes law enforcement agencies to transport controlled substances held beyond the applicable retention period for an ongoing investigation to the Department of Justice for disposal, and allows DOJ to contract with a third party to dispose of all such substances upon legislative appropriation.

DOJ is required to promulgate regulations necessary to implement the new Section 11451 disposal provisions.

The incinerator purchase provision (Section 41984) now requires that the law enforcement agency be 'in possession of a controlled substance' as a condition for purchasing and installing an incinerator, adding a qualifier not present in the introduced version.

The state-mandated local program designation was changed from 'yes' to 'no', indicating the bill no longer imposes a reimbursable state mandate on local agencies.